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HomeMy WebLinkAboutAgenda - Mail Packet - 7/10/2018 - Fort Collins Urban Renewal Authority Agenda - July 9, 2018City of Fort Collins Page 1 Wade Troxell, Chairperson Council Information Center Gerry Horak, City Hall West Bob Overbeck 300 LaPorte Avenue Ray Martinez Fort Collins, Colorado Ken Summers Kristin Stephens Ross Cunniff Cablecast on City Cable Channel 14 Steve Johnson and Channel 881 on the Comcast cable system Christophe Febvre Joe Wise Andy Smith Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney Executive Director Secretary The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. URBAN RENEWAL AUTHORITY BOARD MEETING July 9, 2018 11:00 AM  CALL MEETING TO ORDER  SWEARING-IN OF NEW BOARDMEMBERS A. Mayor will sign certification after new Boardmembers are sworn in.  ROLL CALL  AGENDA REVIEW  Executive Director’s Review of Agenda. • Consent Calendar Review. This Review provides an opportunity for the Board and citizens to pull items from the Consent Calendar. Anyone may request an item on this Calendar be “pulled” off the Consent Calendar and considered separately. ◦ Board-pulled Consent Calendar items will be considered before the Discussion items. City of Fort Collins Page 2 ◦ Citizen-pulled Consent Calendar items will be considered after the Discussion items.  CITIZEN PARTICIPATION Individuals who wish to make comments regarding items remaining on the Consent Calendar or wish to address the Board on items not specifically scheduled on the agenda must first be recognized by the Chairperson or Vice Chair. Before speaking, please sign in at the table in the back of the room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again at the end of the speaker’s time. Each speaker is allowed 5 minutes. If there are more than 6 individuals who wish to speak, the Chairperson may reduce the time allowed for each individual.  State your name and address for the record.  Applause, outbursts or other demonstrations by the audience are not allowed  Keep comments brief; if available, provide a written copy of statement to Secretary  Address your comments to Council, not the audience  CITIZEN PARTICIPATION FOLLOW-UP Consent Calendar This Calendar is intended to allow the Urban Renewal Authority Board to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. The Consent Calendar consists of resolutions of no perceived controversy and routine administrative actions. 1. Consideration and Approval of the Minutes of the March 20, 2018 Urban Renewal Authority Meeting. The purpose of this item is to approve the minutes from the March 20, 2018 Urban Renewal Authority meeting. 2. Resolution No. 085 Adopting Restated and Amended Rules of Procedure for the Conduct of Board Meetings. The purpose of this item is to consider revising and updating the Fort Collins Urban Renewal Authority Rules of Procedure for the conduct of all Urban Renewal Authority meetings.  CONSENT CALENDAR FOLLOW-UP  STAFF REPORTS  COMMISSIONER REPORTS  CONSIDERATION OF BOARD-PULLED CONSENT ITEMS City of Fort Collins Page 3 Discussion Items The method of debate for discussion items is as follows: ● Chairperson introduces the item number and subject; asks if formal presentation will be made by staff ● Staff and/or Applicant presentation (optional) ● Chairperson requests citizen comment on the item (five-minute limit for each citizen) ● Board questions of staff on the item ● Board motion on the item ● Board discussion ● Final Board comments ● Board vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Chairperson, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 3. Resolution No. 086 Adopting Restated and Amended Bylaws. (staff: Patrick Rowe; 5 minute staff presentation; 10 minute discussion) The purpose of this item is to amend the Fort Collins Urban Renewal Authority Bylaws to reflect the Board’s expanded membership and make other associated changes. 4. Resolution No. 087 Commissioning and Appropriating Funds for an Existing Conditions Study of an Area West of the Drake and College Intersection and Directing Authority Staff to Prepare a Proposed Urban Renewal Plan for this Area. (staff: Patrick Rowe; 10 minute staff presentation; 20 minute discussion) The purpose of this item is to authorize staff to prepare an urban renewal existing conditions study in the vicinity of Drake Road and College Avenue. An existing conditions study is the first step to form a new urban renewal plan area. Provided the study finds the required conditions of blight, as stipulated by state law, staff will develop a new Urban Renewal Plan (URP) document for adoption by the Fort Collins City Council. This item also appropriates $69,310 to pay for services necessary to undertake the Existing Conditions Study, draft an URP document, and perform other services associated with a new URP. 5. Resolution No. 088 Directing the Executive Director to Notify the Larimer County Board of Commissioners and the Governing Boards of all Other Affected Taxing Entities of the Authority's Intent Under the Urban Renewal Law to Begin Negotiations for the Allocation of Incremental Property Tax Revenues Under a New Urban Renewal Plan Proposed for an Area West of the Drake Road and College Avenue Intersection. (staff: Josh Birks, Patrick Rowe; 5 minute staff presentation; 10 minute discussion) The purpose of this item is to authorize the Executive Director of the Fort Collins Urban Renewal Authority (URA) and designated staff to enter negotiations with taxing entities which may be impacted by a proposed new urban renewal plan area. These negotiations are required by changes in 2015 to the Urban Renewal Law. Any negotiated changes to the flow of tax increment in the proposed plan area will be codified through intergovernmental agreements between the URA and the taxing entities. 6. Discussion Item and Direction Concerning Possible Appointment of New Members to the Board's Finance Committee. (staff: Patrick Rowe; 5 minute staff presentation; 15 minute discussion) The purpose of this item is to discuss whether the Board wishes to appoint new members to the Fort Collins Urban Renewal Authority (URA) Finance Committee. The current members on the Committee are Chairperson Troxell and Commissioners Cunniff and Summers. City of Fort Collins Page 4  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS  OTHER BUSINESS  ADJOURNMENT Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY July 9, 2018 Urban Renewal Authority Board STAFF Delynn Coldiron, City Clerk SUBJECT Consideration and Approval of the Minutes of the March 20, 2018 Urban Renewal Authority Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the March 20, 2018 Urban Renewal Authority meeting. ATTACHMENTS 1. March 20, 2018 (PDF) 1 Packet Pg. 5 City of Fort Collins Page 326 URBAN RENEWAL AUTHORITY BOARD March 20, 2018 8:01 PM • ROLL CALL PRESENT: Overbeck, Cunniff, Horak, Martinez, Stephens, Summers ABSENT: Troxell Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW Executive Director Atteberry stated there were no changes to the published agenda. 1. Consideration and Approval of the Minutes of the December 7, 2017 Urban Renewal Authority Meeting. (Adopted) The purpose of this item is to approve the minutes from the December 5, 2017 Urban Renewal Authority meeting. Commissioner Cunniff made a motion, seconded by Commissioner Overbeck, to approve the minutes of the December 5, 2017 meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Overbeck, Cunniff, Horak, Martinez, Stephens, Summers ABSENT: Troxell 2. Resolution No. 084 of the Board of Commissioners of the Fort Collins Urban Renewal Authority Approving an Intergovernmental Agreement with the City of Fort Collins for the Authority's Contribution of Funds to the City's Whitewater Park Project for Public Improvements. (Adopted) The purpose of this item is to consider an Intergovernmental Agreement between the Fort Collins Urban Renewal Authority (URA) and the City of Fort Collins that provides $300,000 in tax increment financing (TIF) assistance. The TIF assistance will be utilized to pay Vine Street improvement costs associated with the Whitewater Park Project (the Project). The Project carries the following benefits for the North College Urban Renewal Plan Area: • Desirable amenity for businesses and residents, helping to draw interest and activate area. • Improved Vine Drive (parallel parking, parkway, detached sidewalk, landscaping, etc.) • Floodway channelization, generally removing the area immediately north and south of Vine Drive between College Avenue and Jerome Street. • Increased flow capacity, facilitating future project opportunities to reduce the floodplain and eliminate the overtopping of College Avenue. Patrick Rowe, Redevelopment Coordinator, stated this specific request is for $300,000 for Vine Drive improvements for the area of the proposed whitewater park. The site is located within the boundaries of the Downtown Plan and straddles two sub-districts: innovation and river. He discussed the project and its benefits to the area. Commissioner Cunniff asked if this amount is approximately 1/3 of the URA reserves. Rowe replied cash flow projections show a carry-forward balance of $618,000 with increment collections forecasted at $170,000. 1.1 Packet Pg. 6 Attachment: March 20, 2018 (6953 : URA-minutes) March 20, 2018 City of Fort Collins Page 327 Commissioner Cunniff stated this is an unusual URA project. Rowe replied the URA has previously participated in a number of public improvement projects. Vice Chair Horak asked about the dissenting opinion of the Water Board. Kurt Friesen, Director of Park Planning, replied the Water Board was generally supportive of funding the optional elements. The dissenting opinions related to whether additional funding should be provided for the project. He noted there are many stormwater benefits for this project and those benefits are funded by the Stormwater Utility. Vice Chair Horak noted the URA funding was not part of the original funding package and all the discussed benefits existed prior to this funding being recommended. Friesen agreed, but stated this funding will add optional features; funding is available for a basic project without the URA dollars. Executive Director Atteberry stated staff believes this project directly benefits the Urban Renewal Authority. Commissioner Martinez made a motion, seconded by Commissioner Summers, to adopt Resolution No. 084. Commissioner Cunniff stated he would not support the motion as the project can move forward without this additional funding, and the majority of the benefits to the taxable value of the surrounding properties will be achieved whether or not the URA invests. Commissioner Martinez asked if this utilization of funds is legal. City Attorney Daggett replied in the affirmative. Commissioner Martinez stated he would support the motion and questioned why a good project should be made to look bad. Commissioner Cunniff requested future discussions mention dollars that have already been appropriated or spent. Commissioner Martinez commended the project. Commissioner Stephens commended the use of URA dollars funding the bridge. RESULT: RESOLUTION NO. 084 ADOPTED [4 TO 2] MOVER: Ray Martinez, District 2 SECONDER: Ken Summers, District 3 AYES: Overbeck, Horak, Martinez, Stephens NAYS: Cunniff, Summers ABSENT: Troxell • OTHER BUSINESS Commissioner Cunniff requested some assessment of the tax increment that has resulted near the mall after the mall project was completed. 1.1 Packet Pg. 7 Attachment: March 20, 2018 (6953 : URA-minutes) March 20, 2018 City of Fort Collins Page 328 Vice Chair Horak requested a history of the URA and its projects be provided to the new Boardmembers. • ADJOURNMENT The meeting adjourned at 8:29 PM. ________________________________ Vice Chair ATTEST: ________________________________ Secretary 1.1 Packet Pg. 8 Attachment: March 20, 2018 (6953 : URA-minutes) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY July 9, 2018 Urban Renewal Authority Board STAFF Patrick Rowe, Redevelopment Coordinator John Duval, Legal SUBJECT Resolution No. 085 Adopting Restated and Amended Rules of Procedure for the Conduct of Board Meetings. EXECUTIVE SUMMARY The purpose of this item is to consider revising and updating the Fort Collins Urban Renewal Authority Rules of Procedure for the conduct of all Urban Renewal Authority meetings. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Fort Collins Urban Renewal Authority Rules of Procedure were originally adopted in 2006 and last updated November 2013. Since the expansion of the URA board, per HB15-1348, procedural rules of this document will need to be updated for functionary meeting procedures. In addition to minor revisions (Attachment 1) proposed changes include: • Limit citizen comment to 3 minutes per person to allow a greater time allotment for board discussion items. Time allowances for each speaker may be changed at the Chair’s discretion. • City Council Chambers to be changed to posted URA meeting location. This will allow for the URA Rules of Procedure to apply to different meeting locations other than the City of Fort Collins Council Chambers. • Modify document to clarify when the URA Rules of Procedure will control. They will control unless in conflict with state law or the Board’s bylaws. These changes will reflect the expansion of the URA board and independence from the City of Fort Collins Municipal Charter and Code. All of the proposed changes may be found in the redlined version of the Rules of Procedure (Attachment 1), which tracks changes against the existing version adopted in 2013. . ATTACHMENTS 1. Amended Rules of Procedure (redlined against 2013 version) (DOCX) 2 Packet Pg. 9 1 RULES OF PROCEDURE GOVERNING THE CONDUCT OF FORT COLLINS URBAN RENEWAL AUTHORITY BOARD OF COMMISSIONERS MEETINGS (Adopted July 9, 2018November 5, 2013) Section 1. Notice of Meetings. The bulletin board in the lobby of City Hall West, 300 LaPorte Avenue, is hereby designated as the proper place for posting of notice of any meetings of the Fort Collins Urban Renewal Authority (“Authority”) Board of Commissioners (“Board”), and meetings of any committees or other bodies of the Board, for which public notice is required by law to be given. Section 2. Order of Business. a. Board business shall be conducted in the following order: (1) Call Meeting to Order (2) Roll Call (3) Authority Executive Director’s Agenda Review (4) Opportunity for Commissioners to Pull Consent Items (5) Opportunity for Citizens to Pull Consent Items (6) Citizen Participation (7) Citizen Participation Follow-up (8) Consent Calendar (9) Consent Calendar Follow-up (10) Staff Reports (11) Commissioner Reports (12) Commissioner-Pulled Consent Items (13) Items Needing Individual Consideration (14) Citizen-Pulled Consent Items (15) Other Business (16) Adjournment b. Items not on the consent agenda shall be considered according to the following procedure, except as otherwise determined by the Chairperson to be appropriate: (1) Presentation by Authority staff and/or project applicant (as determined by the Chairperson and in the order most suitable for an understandable presentation of the item) 2.1 Packet Pg. 10 Attachment: Amended Rules of Procedure (redlined against 2013 version) (6951 : URA-Rules of Procedure) 2 (2) Citizen Participation (3) Commissioner Questions (4) Motion (5) Discussion (6) Vote on Motion Section 3. Time and Length of Meetings. a. Board meetings will take place when scheduled by the Chairperson. b. Board meetings will begin at the time specified for each scheduled meeting. c. No more than one (1) short break, for a time period specified by the Chairperson, will be planned per meeting. All commissioners and staff will return to their seats in the Council Chambers at the conclusion of any such break. The Chairperson will resume the meeting at the prescribed time. d. Each Board meeting will end no later than two hours after it was begun, except that: (1) any item of business commenced before the meeting has lasted two hours may be concluded before the meeting is adjourned and (2) the Board may, by majority vote, extend a meeting for the purpose of considering additional items of business, until no later than 12:00 a.m. Any matter which has been commenced and is still pending at the conclusion of the Board meeting, and all matters scheduled for consideration at the meeting that have not yet been considered by the Board, will be continued to the next Board meeting and will be placed first on the discussion agenda for such meeting. Section 4. Citizen Comment. a. Comment During Citizen Participation. During the “Citizen Participation” segment of each meeting, citizen comment will be allowed on matters of interest or concern to citizens other than items to be considered by the Board under the discussion agenda for that night’s meeting. A maximum of threefive (35) minutes will be allowed per speaker. In order to determine the actual amount of time to be allotted to each speaker, the Chairperson will ask for a show of hands by all persons intending to speak. If the number of persons intending to speak is more than six (6), the Chairperson will shorten the allotted time in order to allow as many people as possible to address the Board within a reasonable period of time given the scheduled agenda. 2.1 Packet Pg. 11 Attachment: Amended Rules of Procedure (redlined against 2013 version) (6951 : URA-Rules of Procedure) 3 b. Comment on Agenda Items. Citizen input will be received with regard to: (i) each item on the discussion agenda, (ii) each item pulled from the consent agenda, and (iii) any item that is addressed by formal Board action under the “Other Business” segment of the meeting that may directly affect the rights or obligations of any member of the general public. Such citizen input will be permitted only once per item regardless of the number of motions made during the Board’s consideration of the item. The time limits for individual citizen comments regarding agenda items will be established by the Chairperson prior to each such item. In order to determine the amount of time to be allotted to each speaker, the Chairperson will ask for a show of hands by all persons intending to speak to the item. If the number of persons indicating an intent to speak to an item is six (6) or less, each speaker will generally be allowed threefive (35) minutes. If the number of persons indicating an intent to speak to an item is seven (7) or more, each speaker will generally be limited to twothree (23) minutes per item. However, the Chairperson may increase or decrease the time limits per speaker as he or she deems necessary to facilitate the Board’s understanding of the item, or to allow the Board to consider and act upon the item in a timely fashion. c. Time Limits Subject to Modification by the Board. Any determination of the Chairperson with regard to the foregoing time limits may be overridden by a majority vote of the Board. d. Manner of Addressing the Board. Comment and testimony are to be directed to the Board. Unless otherwise directed by the presiding officer, all comments must be made into the microphone. e. Yielding the Lectern. Each speaker shall promptly cease his or her comments and yield the lectern immediately upon the expiration of the time allotted by the presiding officer. f. Yielding of Time. No speaker may yield part or all of his or her time to another, and no speaker will be credited with time requested but not used by another. g. Expressions of Support or Opposition. Members of the audience shall not engage in expressions of support or opposition that disturb, disrupt, or impede the meeting or any recognized speaker, such as clapping, whistling, cheering, foot stomping, booing, hissing, speaking out or yelling. 2.1 Packet Pg. 12 Attachment: Amended Rules of Procedure (redlined against 2013 version) (6951 : URA-Rules of Procedure) 4 h. Signs and Props. Signs and props no larger than 11" x 17" are permitted in the Board meeting roomCity Council Chambers. Such signs or props must be held directly in front of one's body so as not to impede the view of others. Signs or props may not be waved, held by more than one person at a time, or used in a manner that, in the judgment of the presiding officer, disrupts the orderly conduct of business. Signs or props may not be left unattended anywhere in the Board meeting roomCouncil Chambers. Signs or props attached to sticks, poles, or other objects are prohibited in the Board meeting roomCouncil Chambers. i. Distribution of Literature. Distribution of fliers or other literature is permitted in the public lobby areas of the building in which the Board meeting is being held, but City Hall only if such buildingwhen City Hall is open for a public event. Distribution of fliers and other literature is permitted on the public sidewalks and grounds around the building where the Board meeting is being heldCity Hall. Persons wishing to engage in such activities may do so only in a manner that does not interfere with the movement of persons or obstruct the passage of pedestrians or vehicles. j. Video and Audio Recording. Video and audio recording by the press or other members of the public is permitted in the Board meeting roomCouncil Chambers only if the person making the recording is seated in the meetingChambers, standing in a side aisle, or standing in the back of the meetingChambers behind all seated persons.is using a small unobtrusive recording device and is seated or standing at a speaker lectern when authorized to speak, or in line awaiting an opportunity to speak, or is either standing in the back of the Board meeting room behind all seated persons or standing in any other area pursuant to the direction of the Chairperson in his or her reasonable discretion or designated for that purpose in advance by the Authority. k. Areas Permitted for Seating and Standing. Except for persons waiting in line to speak in accordance with the Chairperson’s instructions, no person shall sit in the Board meeting room except in chairs or seats provided by the Authority or in wheelchairs or other assistive devices, and no persons shall stand in the aisles or other locations in the Board meeting room except in the back of the Board meeting room, and only in accordance with other applicable limits for fire and building safety. Section 5. Authority of Chairperson to Maintain Order and Decorum. 2.1 Packet Pg. 13 Attachment: Amended Rules of Procedure (redlined against 2013 version) (6951 : URA-Rules of Procedure) 5 As the presiding officer, the Chairperson may order the removal from any meeting of the Board of any person who significantly and intentionally such meeting by failing to comply with the requirements of the presiding officer in maintaining order during the meeting. Section 6. Commissioner Questions and Debate. Commissioner questions and debate regarding an agenda item will occur immediately following citizen input and prior to entertaining any main motion related to the item. Except when raising a point of order, commissioners seeking to ask questions or participate in debate will do so only when called upon by the Chairperson. The Chairperson may limit or curtail questions or debate as he or she deems necessary for the orderly conduct of business, except as overridden by a majority of commissioners present and voting, pursuant to a point of order. No commissioner will speak to an item more than once until all other commissioners have had an opportunity to be heard. Section 7. Basic Rules of Order. The following commonly used rules of order will govern the conduct of Board business. Except as specifically noted, all motions require a second. For simplicity and convenience, these rules are consistent with the rules in effect for City Council meetings. These rules of order are based upon Robert’s Rules of Order Newly Revised as modified to reflect the specific needs of the Boardadopted practices of the City Council and to the requirements of the City Charter. (For example, while a two-thirds vote is necessary for the passage of some of the motions listed below under Robert’s Rules of Order, under the Board’s Bylaws all motions of the BoardCouncil, except a motion to go into executive session or a motion to amend the Board’s Bylaws adopt an emergency ordinance, may be adopted upon approval of a majority vote of the members present at a meeting, pursuant to Art. II, Sec. 11 of the City Charter.) For any question of procedure not addressed by these rules, reference shall be made to Robert’s Rules of Order for clarification or direction. In the event of any conflict between these rules of order and Robert’s Rules of Order, these rules of order shall prevail. In the event of any conflict between these rules of order, or Robert’s Rules of Order, and Colorado statutes and the Board’s Bylaws, the provision that controls shall be determined in this order: (1) the Colorado statutes; (2) the Board’s Bylaws; (3) these rules of order; and (4) Robert’s Rules of OrderCity Charter or City Code provisions, the statutes, City Charter or City Code provision shall prevail. 2.1 Packet Pg. 14 Attachment: Amended Rules of Procedure (redlined against 2013 version) (6951 : URA-Rules of Procedure) 6 A. MAIN MOTIONS Main motions are used to bring business before the Board for consideration and action. A main motion can be introduced only if no other business is pending. All main motions require a second and may be adopted by majority vote of those commissioners present and voting, except that: (1) a motion to go into executive session requires a two- thirds vote of those present and voting. A main motion may be made by any commissioner, including the Chairperson. It is debatable and may be amended. B. SUBSIDIARY MOTIONS These are motions that may be applied to another motion for the purpose of modifying it, delaying action on it, or disposing of it. 1. Motion to Amend. A motion to amend, once seconded, is debatable and may itself be amended once. However, a "secondary amendment," which is a change to a pending "primary amendment," cannot be amended. The point of a motion to amend is to modify the wording - and, within certain limits, the meaning - of a pending motion before the pending motion itself is acted upon. Therefore, once a motion to amend has been seconded and debated, it is decided before the main motion is decided. Certain motions to amend are improper. For example, an amendment must be Agermane@ to be an order. To be germane, an amendment must in some way involve the same question that is raised by the motion to which it is applied. Also, some motions to amend are improper, for example, a motion that would merely make the adoption of the amended question equivalent to a rejection of the original motion, or one that would make the question as amended identical with, or contrary to, one previously decided by the Board during the same session. “Friendly” amendments acceptable to the maker and the seconder of the main motion do not require a second and are permissible at any time before a vote is taken on the main motion. 2. Withdrawal or Modification of a Motion. In the brief interval between the making of a motion and the time when the Chairperson places the motion before the Board by stating it, the maker can withdraw or modify the motion. After a motion has been seconded and stated by the Chairperson it belongs to the Board as a whole and the maker must request the Board’s permission to withdraw or modify his or her motion. 2.1 Packet Pg. 15 Attachment: Amended Rules of Procedure (redlined against 2013 version) (6951 : URA-Rules of Procedure) 7 3. Motion to Lay on the Table. A motion to table is intended to enable the Board to lay the pending question aside temporarily, but only when something else of immediate urgency has arisen. By adopting a motion to lay on the table, a majority has the power to immediately halt the consideration of a question, since a motion to table is neither debatable nor amendable. 4. Motion to Postpone Indefinitely. A motion to postpone indefinitely is, in effect, a motion that the Board decline to take a position on an agenda item or main motion. Its adoption kills the agenda item or main motion for the duration of the meeting and avoids a direct vote on the item or motion. It is useful in disposing of an item or motion that cannot either be adopted or expressly rejected without undesirable consequences. It is debatable but not amendable. 5. Motion to Postpone to a Certain Time (or Definitely). This is the motion by which action on an agenda item or a pending motion can be put off to a definite day, meeting or hour, or until after a certain event has occurred. This motion can be debated only to the extent necessary to enable the Board to determine whether the main question should be postponed and, if so, to what date or time. Similarly, it is amendable only as to the date or time to which the main question should be postponed. 6. “Calling the Question”. "Calling the question" may sometimes motivate unanimous consent to end debate. If it does not, however, then debate does not automatically end. Instead, if any commissioner objects to ending the debate, the Chairperson should ask if there is a second to the motion and, if so, he or she must immediately take a vote on whether to end debate. The motion is not debatable or amendable. C. INCIDENTAL MOTIONS. These are motions which usually apply to the method of conducting business rather to the business itself. 1. Point of Order. 2.1 Packet Pg. 16 Attachment: Amended Rules of Procedure (redlined against 2013 version) (6951 : URA-Rules of Procedure) 8 If a commissioner thinks that the rules of order are being violated, he or she can make a point of order, thereby calling upon the Chairperson for a ruling and an enforcement of the regular rules. Such a motion takes precedence over any pending question out of which it may arise. This motion does not require a second. It is not amendable and, technically, it is not debatable. However, with the Chairperson’s consent, the member raising the point of order may be permitted to explain his or her point. In response to a point of order, the Chairperson can either immediately rule, subject to appeal to the Board, or the Chairperson can refer the point of order to the judgment of the Board, in which case the point becomes debatable. In making his or her ruling, the Chairperson can also consult the parliamentarian, if there is one, or can request the advice of one or more experienced commissioners. However, no commissioner has the right to express an opinion unless requested to do so by the Chairperson. When the Chairperson has made a ruling, any two commissioners can appeal the ruling (one commissioner stating the appeal and the other seconding it). When an appeal is taken, the matter is decided by majority vote of the Board. A tie vote sustains the decision of the Chairperson. If a point of order is to be raised, it must be raised promptly at the time the perceived violation of the rules occurs. 2. Motion to Divide a Question. If a motion relating to a single subject contains several parts, each of which is capable of standing as a complete proposition by itself, the parts of the motion can be separated for consideration and voted on as if they were distinct questions by the adoption of a motion for division of the question. This motion, if seconded, takes precedence over the main motion and is not debatable. However, the motion to divide must clearly state the manner in which the question is to be divided, and while the motion to divide is pending, another member can propose a different division by moving an amendment, in which case the amended form of the motion, if seconded, would be decided first. Often, little formality is involved in dividing a question, and it is arranged by unanimous consent. 3. Motion to Suspend the Rules. When the Board wishes to do something that it cannot do without violating one or more of its regular rules, it can adopt a motion to suspend the rules that interfere with the proposed action. This motion can be made at any time that no question is pending and can be applied to any rule except those that are fundamental principles of Colorado statute, the Board’s Bylaws, City Charter, City Code or other applicable laws. This motion is neither debatable nor amendable. 2.1 Packet Pg. 17 Attachment: Amended Rules of Procedure (redlined against 2013 version) (6951 : URA-Rules of Procedure) 9 D. RESTORATIVE MOTIONS These are motions that bring a question again before the Board for its consideration. 1. Motion to Take from the Table. The object of this motion is to take from the table and make pending again before the Board a motion or series of adhering motions that previously had been laid on the table. This motion is neither debatable nor amendable. When a question is taken from the table, it is before the Board with everything adhering to it, exactly as it was when laid on the table. 2.1 Packet Pg. 18 Attachment: Amended Rules of Procedure (redlined against 2013 version) (6951 : URA-Rules of Procedure) 10 2. Motion to Reconsider. This motion enables a majority of the Board to bring back for further consideration a motion that has already been voted on. This motion is in order only if made on the same date that the vote to be reconsidered was taken. The purpose of reconsidering a vote is to permit the correction of hasty, ill-advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of a vote. This motion can be made only by a member who voted with the prevailing side. When a member who cannot make a motion for reconsideration believes that there are valid reasons for one, he or she can try, if there is time or opportunity, to persuade someone who voted with the prevailing side to make such a motion. This motion is debatable whenever the motion proposed to be reconsidered was debatable. And, when debatable, opens to debate the merits of the question to be reconsidered. It is not amendable. The effect of the adoption of a motion to reconsider is that the question on which the vote was reconsidered is immediately placed before the Board in the exact position it occupied the moment before it was voted on originally. 3. Motion to Rescind or Amend Something Previously Adopted. By means of the motions to rescind or to amend something previously adopted, the Board can change an action previously taken or ordered. This motion is debatable and amendable. In contrast to a motion to reconsider, there is no time limit on making a motion to rescind or a motion to amend something previously adopted (provided that no action has been taken by anyone in the interim that cannot be undone), and these motions can be moved by any commissioner, regardless of how he or she voted on the original question. The effect of passage of this motion is not to place the matter back before the Board as it was just prior to a vote being taken. Instead, it either entirely nullifies the previous action or modifies it, depending upon which motion is used. For that reason, this motion should not be made if third parties have relied to their detriment on the previous action. E. PRIVILEGED MOTIONS These motions are of such urgency or importance that they are entitled to immediate consideration, even when another motion is pending. This is because these motions do not relate to the pending business but have to do with special matters of immediate and overriding importance which, without debate, should be allowed to interrupt the consideration of anything else. 2.1 Packet Pg. 19 Attachment: Amended Rules of Procedure (redlined against 2013 version) (6951 : URA-Rules of Procedure) 11 1. Motion to Adjourn. A motion to adjourn is always a privileged motion except when the motion is conditioned in some way, as in the case of a motion to adjourn at, or to, a future time. Such a conditional motion is not privileged and is treated just as any other main motion. A conditional motion to adjourn at or to a future time is always out of order while business is pending. However, an unconditioned, privileged motion to adjourn takes precedence over most other motions. The privileged motion to adjourn is neither debatable nor amendable, while a conditioned motion to adjourn is debatable and may be amended. 2. Motion to Recess. A motion to recess that is made when no question is pending is a main motion and should be treated as any other main motion. A motion to recess is said to be privileged if it is made when another question is pending, in which case it takes precedence over all subsidiary and incidental motions and most other privileged motions. It is not debatable and is amendable only as to the length of the recess. 2.1 Packet Pg. 20 Attachment: Amended Rules of Procedure (redlined against 2013 version) (6951 : URA-Rules of Procedure) -1- RESOLUTION NO. 085 OF THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY ADOPTING RESTATED AND AMENDED RULES OF PROCEDURE FOR THE CONDUCT OF BOARD MEETINGS WHEREAS, the Fort Collins Urban Renewal Authority was established in 1982 by the City Council of the City of Fort Collins in Resolution 82-10 (the “Authority”) under and in accordance with the Colorado Urban Renewal Law, C.R.S. § 31-25-101, et seq. (the “Urban Renewal Law”); and WHEREAS, the Authority is authorized in C.R.S. § 31-25-105(1)(a) of the Urban Renewal Law to make and adopt bylaws, orders, rules and regulations in furtherance of its powers and activities; and WHEREAS, in the exercise of this authority, the Board adopted bylaws in Resolutions No. 006 in 2006, No. 042 in 2012 and No. 085 in 2018, all of which state that the Board’s meetings “shall be conducted with such meeting schedules, procedures and rules of order as the Board may adopt, in its discretion” (collectively, the “Bylaws”); and WHEREAS, in the exercise of its authority under the Urban Renewal Law and as contemplated in the Bylaws, on October 23, 2012, the Board of Commissioners of the Fort Collins Urban Renewal Authority (the “Board”) adopted Resolution No. 043 adopting and approving Rules of Procedure to govern the conduct of the Board’s meetings (the “2012 Rules of Procedure”); and WHEREAS, on November 5, 2013, the Board adopted Resolution No. 064 amending and replacing the 2012 Rules of Procedure with a new set of Rules of Procedure (the “2013 Rules of Procedure”); and WHEREAS, because of the recent appointment of four new commissioners to the Board as required by the Urban Renewal Law, Authority staff is recommending several amendments to the 2013 Rules of Procedure to take into account these new appointments and to make other clarifying changes to them; and WHEREAS, attached as Exhibit “A” and incorporated by reference are the Rules of Procedure staff is recommending be adopted by the Board (the “2018 Rules of Procedure”) as a restatement and amendment of the 2013 Rules of Procedure; and WHEREAS, the Board finds and determines that restating and amending the 2013 Rules of Procedure by the adoption of the 2018 Rules of Procedure is in the best interest of the Authority and necessary for the Board’s proper and efficient administration of the Authority’s operations, urban renewal plans and proceedings. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY as follows: Packet Pg. 21 -2- Section 1. The Board hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. The Board hereby approves and adopts the 2018 Rules of Procedure as a restatement and amendment of the 2013 Rules of Procedure. The 2018 Rules of Procedure, as here adopted, are intended to supersede and replace in all respects the 2012 and 2013 Rules of Procedure. Passed and adopted at a regular meeting of the Board of Commissioners of the City of Fort Collins Urban Renewal Authority this 9th day of July, A.D. 2018. _________________________________ Chairperson ATTEST: _____________________________ Secretary Packet Pg. 22 1 RULES OF PROCEDURE GOVERNING THE CONDUCT OF FORT COLLINS URBAN RENEWAL AUTHORITY BOARD OF COMMISSIONERS MEETINGS (Adopted July 9, 2018) Section 1. Notice of Meetings. The bulletin board in the lobby of City Hall West, 300 LaPorte Avenue, is hereby designated as the proper place for posting of notice of any meetings of the Fort Collins Urban Renewal Authority (“Authority”) Board of Commissioners (“Board”), and meetings of any committees or other bodies of the Board, for which public notice is required by law to be given. Section 2. Order of Business. a. Board business shall be conducted in the following order: (1) Call Meeting to Order (2) Roll Call (3) Authority Executive Director’s Agenda Review (4) Opportunity for Commissioners to Pull Consent Items (5) Opportunity for Citizens to Pull Consent Items (6) Citizen Participation (7) Citizen Participation Follow-up (8) Consent Calendar (9) Consent Calendar Follow-up (10) Staff Reports (11) Commissioner Reports (12) Commissioner-Pulled Consent Items (13) Items Needing Individual Consideration (14) Citizen-Pulled Consent Items (15) Other Business (16) Adjournment b. Items not on the consent agenda shall be considered according to the following procedure, except as otherwise determined by the Chairperson to be appropriate: (1) Presentation by Authority staff and/or project applicant (as determined by the Chairperson and in the order most suitable for an understandable presentation of the item) 1 Packet Pg. 23 Attachment: Exhibit A (6955 : URA-Rules of Procedure RESO) 2 (2) Citizen Participation (3) Commissioner Questions (4) Motion (5) Discussion (6) Vote on Motion Section 3. Time and Length of Meetings. a. Board meetings will take place when scheduled by the Chairperson. b. Board meetings will begin at the time specified for each scheduled meeting. c. No more than one (1) short break, for a time period specified by the Chairperson, will be planned per meeting. All commissioners and staff will return to their seats at the conclusion of any such break. The Chairperson will resume the meeting at the prescribed time. d. Each Board meeting will end no later than two hours after it was begun, except that: (1) any item of business commenced before the meeting has lasted two hours may be concluded before the meeting is adjourned and (2) the Board may, by majority vote, extend a meeting for the purpose of considering additional items of business, until no later than 12:00 a.m. Any matter which has been commenced and is still pending at the conclusion of the Board meeting, and all matters scheduled for consideration at the meeting that have not yet been considered by the Board, will be continued to the next Board meeting and will be placed first on the discussion agenda for such meeting. Section 4. Citizen Comment. a. Comment During Citizen Participation. During the “Citizen Participation” segment of each meeting, citizen comment will be allowed on matters of interest or concern to citizens other than items to be considered by the Board under the discussion agenda for that night’s meeting. A maximum of three (3) minutes will be allowed per speaker. In order to determine the actual amount of time to be allotted to each speaker, the Chairperson will ask for a show of hands by all persons intending to speak. If the number of persons intending to speak is more than six (6), the Chairperson will shorten the allotted time in order to allow as many people as possible to address the Board within a reasonable period of time given the scheduled agenda. 1 Packet Pg. 24 Attachment: Exhibit A (6955 : URA-Rules of Procedure RESO) 3 b. Comment on Agenda Items. Citizen input will be received with regard to: (i) each item on the discussion agenda, (ii) each item pulled from the consent agenda, and (iii) any item that is addressed by formal Board action under the “Other Business” segment of the meeting that may directly affect the rights or obligations of any member of the general public. Such citizen input will be permitted only once per item regardless of the number of motions made during the Board’s consideration of the item. The time limits for individual citizen comments regarding agenda items will be established by the Chairperson prior to each such item. In order to determine the amount of time to be allotted to each speaker, the Chairperson will ask for a show of hands by all persons intending to speak to the item. If the number of persons indicating an intent to speak to an item is six (6) or less, each speaker will generally be allowed three (3) minutes. If the number of persons indicating an intent to speak to an item is seven (7) or more, each speaker will generally be limited to two (2) minutes per item. However, the Chairperson may increase or decrease the time limits per speaker as he or she deems necessary to facilitate the Board’s understanding of the item, or to allow the Board to consider and act upon the item in a timely fashion. c. Time Limits Subject to Modification by the Board. Any determination of the Chairperson with regard to the foregoing time limits may be overridden by a majority vote of the Board. d. Manner of Addressing the Board. Comment and testimony are to be directed to the Board. Unless otherwise directed by the presiding officer, all comments must be made into the microphone. e. Yielding the Lectern. Each speaker shall promptly cease his or her comments and yield the lectern immediately upon the expiration of the time allotted by the presiding officer. f. Yielding of Time. No speaker may yield part or all of his or her time to another, and no speaker will be credited with time requested but not used by another. g. Expressions of Support or Opposition. Members of the audience shall not engage in expressions of support or opposition that disturb, disrupt, or impede the meeting or any recognized speaker, such as clapping, whistling, cheering, foot stomping, booing, hissing, speaking out or yelling. 1 Packet Pg. 25 Attachment: Exhibit A (6955 : URA-Rules of Procedure RESO) 4 h. Signs and Props. Signs and props no larger than 11" x 17" are permitted in the Board meeting room. Such signs or props must be held directly in front of one's body so as not to impede the view of others. Signs or props may not be waved, held by more than one person at a time, or used in a manner that, in the judgment of the presiding officer, disrupts the orderly conduct of business. Signs or props may not be left unattended anywhere in the Board meeting room. Signs or props attached to sticks, poles, or other objects are prohibited in the Board meeting room. i. Distribution of Literature. Distribution of fliers or other literature is permitted in the public lobby areas of the building in which the Board meeting is being held, but only if such building is open for a public event. Distribution of fliers and other literature is permitted on the public sidewalks and grounds around the building where the Board meeting is being held. Persons wishing to engage in such activities may do so only in a manner that does not interfere with the movement of persons or obstruct the passage of pedestrians or vehicles. j. Video and Audio Recording. Video and audio recording by the press or other members of the public is permitted in the Board meeting room only if the person making the recording is using a small unobtrusive recording device and is seated or standing at a speaker lectern when authorized to speak, or in line awaiting an opportunity to speak, or is either standing in the back of the Board meeting room behind all seated persons or standing in any other area pursuant to the direction of the Chairperson in his or her reasonable discretion or designated for that purpose in advance by the Authority. k. Areas Permitted for Seating and Standing. Except for persons waiting in line to speak in accordance with the Chairperson’s instructions, no person shall sit in the Board meeting room except in chairs or seats provided by the Authority or in wheelchairs or other assistive devices, and no persons shall stand in the aisles or other locations in the Board meeting room except in the back of the Board meeting room, and only in accordance with other applicable limits for fire and building safety. Section 5. Authority of Chairperson to Maintain Order and Decorum. As the presiding officer, the Chairperson may order the removal from any meeting of the Board of any person who significantly and intentionally such meeting by failing to comply with the requirements of the presiding officer in maintaining order during the meeting. 1 Packet Pg. 26 Attachment: Exhibit A (6955 : URA-Rules of Procedure RESO) 5 Section 6. Commissioner Questions and Debate. Commissioner questions and debate regarding an agenda item will occur immediately following citizen input and prior to entertaining any main motion related to the item. Except when raising a point of order, commissioners seeking to ask questions or participate in debate will do so only when called upon by the Chairperson. The Chairperson may limit or curtail questions or debate as he or she deems necessary for the orderly conduct of business, except as overridden by a majority of commissioners present and voting, pursuant to a point of order. No commissioner will speak to an item more than once until all other commissioners have had an opportunity to be heard. Section 7. Basic Rules of Order. The following commonly used rules of order will govern the conduct of Board business. Except as specifically noted, all motions require a second. These rules of order are based upon Robert’s Rules of Order Newly Revised as modified to reflect the specific needs of the Board (For example, while a two-thirds vote is necessary for the passage of some of the motions listed below under Robert’s Rules of Order, under the Board’s Bylaws all motions of the Board, except a motion to go into executive session or a motion to amend the Board’s Bylaws may be adopted upon approval of a majority vote of the members present at a meeting.) For any question of procedure not addressed by these rules, reference shall be made to Robert’s Rules of Order for clarification or direction. In the event of any conflict between these rules of order and Robert’s Rules of Order, these rules of order shall prevail. In the event of any conflict between these rules of order, Robert’s Rules of Order, Colorado statutes and the Board’s Bylaws, the provision that controls shall be determined in this order: (1) the Colorado statutes; (2) the Board’s Bylaws; (3) these rules of order; and (4) Robert’s Rules of Order. A. MAIN MOTIONS Main motions are used to bring business before the Board for consideration and action. A main motion can be introduced only if no other business is pending. All main motions require a second and may be adopted by majority vote of those commissioners present and voting, except that: (1) a motion to go into executive session requires a two- thirds vote of those present and voting. A main motion may be made 1 Packet Pg. 27 Attachment: Exhibit A (6955 : URA-Rules of Procedure RESO) 6 by any commissioner, including the Chairperson. It is debatable and may be amended. B. SUBSIDIARY MOTIONS These are motions that may be applied to another motion for the purpose of modifying it, delaying action on it, or disposing of it. 1. Motion to Amend. A motion to amend, once seconded, is debatable and may itself be amended once. However, a "secondary amendment," which is a change to a pending "primary amendment," cannot be amended. The point of a motion to amend is to modify the wording - and, within certain limits, the meaning - of a pending motion before the pending motion itself is acted upon. Therefore, once a motion to amend has been seconded and debated, it is decided before the main motion is decided. Certain motions to amend are improper. For example, an amendment must be Agermane@ to be an order. To be germane, an amendment must in some way involve the same question that is raised by the motion to which it is applied. Also, some motions to amend are improper, for example, a motion that would merely make the adoption of the amended question equivalent to a rejection of the original motion, or one that would make the question as amended identical with, or contrary to, one previously decided by the Board during the same session. “Friendly” amendments acceptable to the maker and the seconder of the main motion do not require a second and are permissible at any time before a vote is taken on the main motion. 2. Withdrawal or Modification of a Motion. In the brief interval between the making of a motion and the time when the Chairperson places the motion before the Board by stating it, the maker can withdraw or modify the motion. After a motion has been seconded and stated by the Chairperson it belongs to the Board as a whole and the maker must request the Board’s permission to withdraw or modify his or her motion. 3. Motion to Lay on the Table. A motion to table is intended to enable the Board to lay the pending question aside temporarily, but only when something else of immediate urgency has arisen. By adopting a motion to lay on the table, a majority has the power to immediately halt the consideration of a question, since a motion to table is neither debatable nor amendable. 1 Packet Pg. 28 Attachment: Exhibit A (6955 : URA-Rules of Procedure RESO) 7 4. Motion to Postpone Indefinitely. A motion to postpone indefinitely is, in effect, a motion that the Board decline to take a position on an agenda item or main motion. Its adoption kills the agenda item or main motion for the duration of the meeting and avoids a direct vote on the item or motion. It is useful in disposing of an item or motion that cannot either be adopted or expressly rejected without undesirable consequences. It is debatable but not amendable. 5. Motion to Postpone to a Certain Time (or Definitely). This is the motion by which action on an agenda item or a pending motion can be put off to a definite day, meeting or hour, or until after a certain event has occurred. This motion can be debated only to the extent necessary to enable the Board to determine whether the main question should be postponed and, if so, to what date or time. Similarly, it is amendable only as to the date or time to which the main question should be postponed. 6. “Calling the Question”. "Calling the question" may sometimes motivate unanimous consent to end debate. If it does not, however, then debate does not automatically end. Instead, if any commissioner objects to ending the debate, the Chairperson should ask if there is a second to the motion and, if so, he or she must immediately take a vote on whether to end debate. The motion is not debatable or amendable. C. INCIDENTAL MOTIONS. These are motions which usually apply to the method of conducting business rather to the business itself. 1. Point of Order. If a commissioner thinks that the rules of order are being violated, he or she can make a point of order, thereby calling upon the Chairperson for a ruling and an enforcement of the regular rules. Such a motion takes precedence over any pending question out of which it may arise. This motion does not require a second. It is not amendable and, technically, it is not debatable. However, with the Chairperson’s consent, the member raising the point of order may be permitted to explain his or her point. In response to a point of order, the Chairperson 1 Packet Pg. 29 Attachment: Exhibit A (6955 : URA-Rules of Procedure RESO) 8 can either immediately rule, subject to appeal to the Board, or the Chairperson can refer the point of order to the judgment of the Board, in which case the point becomes debatable. In making his or her ruling, the Chairperson can also consult the parliamentarian, if there is one, or can request the advice of one or more experienced commissioners. However, no commissioner has the right to express an opinion unless requested to do so by the Chairperson. When the Chairperson has made a ruling, any two commissioners can appeal the ruling (one commissioner stating the appeal and the other seconding it). When an appeal is taken, the matter is decided by majority vote of the Board. A tie vote sustains the decision of the Chairperson. If a point of order is to be raised, it must be raised promptly at the time the perceived violation of the rules occurs. 2. Motion to Divide a Question. If a motion relating to a single subject contains several parts, each of which is capable of standing as a complete proposition by itself, the parts of the motion can be separated for consideration and voted on as if they were distinct questions by the adoption of a motion for division of the question. This motion, if seconded, takes precedence over the main motion and is not debatable. However, the motion to divide must clearly state the manner in which the question is to be divided, and while the motion to divide is pending, another member can propose a different division by moving an amendment, in which case the amended form of the motion, if seconded, would be decided first. Often, little formality is involved in dividing a question, and it is arranged by unanimous consent. 3. Motion to Suspend the Rules. When the Board wishes to do something that it cannot do without violating one or more of its regular rules, it can adopt a motion to suspend the rules that interfere with the proposed action. This motion can be made at any time that no question is pending and can be applied to any rule except those that are fundamental principles of Colorado statute, the Board’s Bylaws, or other applicable law. This motion is neither debatable nor amendable. D. RESTORATIVE MOTIONS These are motions that bring a question again before the Board for its consideration. 1. Motion to Take from the Table. 1 Packet Pg. 30 Attachment: Exhibit A (6955 : URA-Rules of Procedure RESO) 9 The object of this motion is to take from the table and make pending again before the Board a motion or series of adhering motions that previously had been laid on the table. This motion is neither debatable nor amendable. When a question is taken from the table, it is before the Board with everything adhering to it, exactly as it was when laid on the table. 1 Packet Pg. 31 Attachment: Exhibit A (6955 : URA-Rules of Procedure RESO) 10 2. Motion to Reconsider. This motion enables a majority of the Board to bring back for further consideration a motion that has already been voted on. This motion is in order only if made on the same date that the vote to be reconsidered was taken. The purpose of reconsidering a vote is to permit the correction of hasty, ill-advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of a vote. This motion can be made only by a member who voted with the prevailing side. When a member who cannot make a motion for reconsideration believes that there are valid reasons for one, he or she can try, if there is time or opportunity, to persuade someone who voted with the prevailing side to make such a motion. This motion is debatable whenever the motion proposed to be reconsidered was debatable. And, when debatable, opens to debate the merits of the question to be reconsidered. It is not amendable. The effect of the adoption of a motion to reconsider is that the question on which the vote was reconsidered is immediately placed before the Board in the exact position it occupied the moment before it was voted on originally. 3. Motion to Rescind or Amend Something Previously Adopted. By means of the motions to rescind or to amend something previously adopted, the Board can change an action previously taken or ordered. This motion is debatable and amendable. In contrast to a motion to reconsider, there is no time limit on making a motion to rescind or a motion to amend something previously adopted (provided that no action has been taken by anyone in the interim that cannot be undone), and these motions can be moved by any commissioner, regardless of how he or she voted on the original question. The effect of passage of this motion is not to place the matter back before the Board as it was just prior to a vote being taken. Instead, it either entirely nullifies the previous action or modifies it, depending upon which motion is used. For that reason, this motion should not be made if third parties have relied to their detriment on the previous action. E. PRIVILEGED MOTIONS These motions are of such urgency or importance that they are entitled to immediate consideration, even when another motion is pending. This is because these motions do not relate to the pending business but have to do with special matters of immediate and overriding importance which, without debate, should be allowed to interrupt the consideration of anything else. 1 Packet Pg. 32 Attachment: Exhibit A (6955 : URA-Rules of Procedure RESO) 11 1. Motion to Adjourn. A motion to adjourn is always a privileged motion except when the motion is conditioned in some way, as in the case of a motion to adjourn at, or to, a future time. Such a conditional motion is not privileged and is treated just as any other main motion. A conditional motion to adjourn at or to a future time is always out of order while business is pending. However, an unconditioned, privileged motion to adjourn takes precedence over most other motions. The privileged motion to adjourn is neither debatable nor amendable, while a conditioned motion to adjourn is debatable and may be amended. 2. Motion to Recess. A motion to recess that is made when no question is pending is a main motion and should be treated as any other main motion. A motion to recess is said to be privileged if it is made when another question is pending, in which case it takes precedence over all subsidiary and incidental motions and most other privileged motions. It is not debatable and is amendable only as to the length of the recess. 1 Packet Pg. 33 Attachment: Exhibit A (6955 : URA-Rules of Procedure RESO) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY July 9, 2018 Urban Renewal Authority Board STAFF Patrick Rowe, Redevelopment Coordinator John Duval, Legal SUBJECT Resolution No. 086 Adopting Restated and Amended Bylaws. EXECUTIVE SUMMARY The purpose of this item is to amend the Fort Collins Urban Renewal Authority Bylaws to reflect the Board’s expanded membership and make other associated changes. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION In 2015, House Bill 1348 was signed into law. Among other changes, the bill requires the URA Board to be expanded in advance of a new urban renewal plan area, or substantial modification to an existing plan area. The expanded Board includes an appointed representative from the county, the school district, a representative from among the special districts, and if necessary to create an odd number of Board members, a mayoral appointment. The new Boardmembers have now been identified and include: County Representative - Commissioner Steve Johnson School District Representative - Commissioner Christophe Febvre Special Districts’ Representative - Commissioner Joe Wise Mayoral Appointment - Commissioner Andy Smith To account for the additional board members and resulting changes in practices, the URA’s Bylaws will need to be amended. The revisions include: 1. Updates to Board of Commissioner membership to reflect the expanded board composition. 2. Amending the Vice Chairperson appointment from the Mayor Pro Tem to an individual nominated and elected from among the board. The term of this position is 2-years and will correspond with the term of the Board Chair (i.e., it will follow the Mayoral election). 3. Amending the “Conflicts of Interest” provisions in Article IV of the Bylaws to clarify what rules of ethical conduct apply to the commissioners, and concerning the county, school district and special district appointed commissioners, that the rules of ethical conduct in the City Charter and Code do not apply to them. 3 Packet Pg. 34 Agenda Item 3 Item # 3 Page 2 All of the proposed changes can be seen in the redlined version of the Bylaws (Attachment 1), which tracks changes against the existing version adopted in 2012. ATTACHMENTS 1. Amended Bylaws (redlined against existing) (DOCX) 2. Powerpoint presentation (PDF) 3 Packet Pg. 35 1 BYLAWS OF THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY ARTICLE I – THE AUTHORITY Section 1. Name of Authority. The name of this urban renewal authority shall be the “Fort Collins Urban Renewal Authority” as established in 1982 by the City of Fort Collins City Council in Resolution 82-10. The Fort Collins Urban Renewal Authority shall be referred to in these Bylaws as the “Authority” or “URA.” Section 2. Office of the Authority. The office of the Authority shall be located at 300 LaPorte Avenue, Fort Collins, Colorado, or at such other place in the City of Fort Collins, Colorado as the Board of Commissioners of the Authority may direct. Section 3. Authority to Enact Bylaws. The Authority is authorized pursuant to C.R.S. § 31-25-105(1)(a) to make and adopt bylaws, orders, rules and regulations in furtherance of its powers and authority under the Colorado Urban Renewal Law, (C.R.S. §§ 31-25-101, et seq.) (the “Urban Renewal Law”). ARTICLE II – MEMBERSHIP AND OFFICERS Section 1. Board of Commissioners. In accordance with C.R.S. Section§ 31-25- 115, C.R.S. § 31-25-104(2.5) and City Code Section 2-482, the Authority’s Board of Commissioners is comprised of eleven (11) commissioners who are the seven (7) members of the City Council and four (4) other commissioners appointed as required by the Urban Renewal Law, which appointees are a commissioner appointed by the Larimer County Board of Commissioners, a commissioner appointed by the Poudre School District, a commissioner appointed by agreement of the special districts imposing a mill levy within the Authority’s boundaries, and a commissioner appointed by the Mayor and confirmed by the City Councilthe Fort Collins City Council, comprised of seven (7) members, has designated its elected members to serve as the Board of Commissioners of the Authority (the “Board”). The Mayor and members of City Council shall constitute the Board. Section 2. Officers. The officers of the Authority shall be a Chairperson, Vice Chairperson, Executive Director, and Secretary. Section 3. Chairperson. The Chairperson of the Authority shall be the Mayor of the City of Fort Collins. The Chairperson shall preside at all meetings of the Board. Except as otherwise authorized by resolution of the Board, the Chairperson shall sign all contracts, deeds, and other instruments made by the Board. Section 4. Vice Chairperson. The Vice Chairperson shall be a commissioner on the Board elected by a majority of the Board. The Vice Chairperson shall serve a term contemporaneous with term of the office for the Mayor of the City of Fort Collins. Except for the first election of a Vice 3.1 Packet Pg. 36 Attachment: Amended Bylaws (redlined against existing) (6948 : URA Bylaws) 2 Chairperson under these Bylaws, which shall occur no later than the Authority’s first meeting after these Bylaws are approved by the Board, the Board shall elect a Vice Chairperson at its first meeting after a newly elected Mayor has taken his or her oath of office.the Mayor Pro Tem of the City of Fort Collins. The Vice Chairperson shall perform the duties of the Chairperson in the temporary absence or disabilityincapacity of the Chairperson. In the eventcase of the Mayor’s resignation, or death or disqualification from office, of the Chairperson, the Vice Chairperson shall perform the Chairperson’ssuch duties as are imposed on the Chairperson until such time as a new Chairperson is seated by election of a Mayor is electedfor the City of Fort Collins and sworn into office. Section 5. Temporary Chairperson. In the absence of both the Chairperson and Vice Chairperson, the Board may appoint a temporary chairperson to preside at any meeting of the Board. Section 6. Executive Director. The Fort Collins City Manager, or his or her designee, shall serve as the Executive Director of the Authority. Section 7. Secretary. The Fort Collins City Clerk shall serve as the Secretary of the Authority. The Secretary shall keep the records of the Authority; record all votes at formal meetings of the Board; keep a record of the proceedings of the Authority in a journal of proceedings to be kept for such purpose; and keep the seal of the Authority and have power to affix such seal to all contracts and documents authorized to be executed by the Authority. In the City Clerk’s temporary absence or disability, the Fort Collins Chief Deputy City Clerk shall perform all the duties of the Secretary. Section 8. Additional Duties. The officers of the Authority shall perform such other duties and functions as may from time to time be required by the Board. ARTICLE III –CONDUCT OF BOARD BUSINESS Section 1. Formal Meetings and Work Sessions. Formal meetings of the Board shall be those meetings where formal action may occur. No formal action shall be taken at work sessions of the Board. Meetings and work sessions may be held at such time and place as may from time to time be determined by the Chairperson, except as otherwise directed by a majority of the members of the Board. Full and timely notice of all formal Board meetings and work sessions, and of all committee meetings, shall be given in accordance with the Colorado’s Open Meetings Law, C.R.S. §§ 24-6-401, et seq. (the “Open Meetings Law”). Section 2. Committees. The Board may by resolution, from time to time, create either standing or ad hoc committees as deemed appropriate for special study or review and appoint all standing or ad hoc committee members. Each committee shall, at its first meeting, elect its own chairperson. Upon completion of the duties of any ad hoc committee, the committee shall be deemed to be automatically disbanded. The Board may by resolution also disband any standing or ad hoc committees. Section 3. Executive Sessions. Executive sessions of the Board or its committees may be called during any formal meeting of the Board or of the committee as permitted by the Open Meetings Law. Section 4. Quorum. A majority of the Board shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. When a quorum is in 3.1 Packet Pg. 37 Attachment: Amended Bylaws (redlined against existing) (6948 : URA Bylaws) 3 attendance, action can be taken by the Board upon the affirmative vote of a majority of the quorum present unless a different requirement for voting is specified by applicable law or these Bylaws. Section 5. Board Meetings. Meetings of the Board shall be conducted in accordance with such meeting schedules, procedures and rules of order as the Board may adopt, in its discretion. Section 6. Manner of Voting. The voting on all motions and resolutions before the Board shall be by roll call vote. The yes votes, no votes and abstentions shall be entered in the minutes of each meeting. Every member of the Board, when present, must vote unless excused from voting on matters involving the consideration of his or her own official conduct or when his or her personal financial interest is involved. Section 7. Keeping of Minutes. Minutes shall be kept of all formal meetings of the Board and all meetings of committees of the Board at which the adoption of any proposed policy, position, resolution, rule, regulation or formal action occurs or could occur. Minutes need not be kept of work sessions of the Board. Section 8. Removal. The presiding officer shall have the power to cause persons to be removed from a Board meeting or a committee meeting, in order to maintain order and public safety during the meeting. ARTICLE IV – CONFLICTS OF INTEREST The Board and its commissioners shall be governed by the same rules of ethical conduct in the Urban Renewal Law, other applicable state law and the City Charter and Code as provided in City Code Section 2-484, except Section 2-484 exempts the county, school district and special district appointed commissioners from the rules of ethical conduct in the City Charter and Coderegarding ethics and conflicts of interest as apply to the City Council. ARTICLE V – AMENDMENTS These Bylaws may be amended from time to time by an affirmative vote of a majority of the membership of the Board of Commissioners at any formal meeting of the Board. APPROVED AND ADOPTED BY THE BOARD AT ITS __________, 2018 MEETING: By: Date: , 2018 Wade Troxell, Chairperson ATTEST APPROVED AS TO FORM: By: By: Secretary URA Attorney 3.1 Packet Pg. 38 Attachment: Amended Bylaws (redlined against existing) (6948 : URA Bylaws) 7/9/2018 Patrick Rowe, Redevelopment Coordinator URA Action: Adopting Amendments to URA Bylaws ATTACHMENT 2 3.2 Packet Pg. 39 Attachment: Powerpoint presentation (6948 : URA Bylaws) Primary Changes 2 • Updates to Board Membership • Amending Vice Chairperson Appointment • Existing: Mayor Pro Tem • Future: Elected board member; 2-year term to coincide with Mayor election cycle 3.2 Packet Pg. 40 Attachment: Powerpoint presentation (6948 : URA Bylaws) 3 3.2 Packet Pg. 41 Attachment: Powerpoint presentation (6948 : URA Bylaws) -1- RESOLUTION NO. 086 OF THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY ADOPTING RESTATED AND AMENDED BYLAWS WHEREAS, the Fort Collins Urban Renewal Authority was established in 1982 by the City Council of the City of Fort Collins in Resolution 82-10 (the “Authority”) under and in accordance with the Colorado Urban Renewal Law, C.R.S. § 31-25-101, et seq. (the “Urban Renewal Law”); and WHEREAS, the Authority is authorized in C.R.S. § 31-25-105(1)(a) of the Urban Renewal Law to make and adopt bylaws, orders, rules and regulations in furtherance of its powers and activities; and WHEREAS, in the exercise of this authority, on August 15, 2006, the Board of Commissioners of the Fort Collins Urban Renewal Authority (the “Board”) adopted Resolution No. 006, which adopted bylaws for the Board (the “2006 Bylaws”); and WHEREAS, on October 23, 2012, the Board adopted Resolution No. 042 amending and replacing the 2006 Bylaws with a new set of bylaws (the “2012 Bylaws”); and WHEREAS, because of the recent appointment of four new commissioners to the Board as required by the Urban Renewal Law, Authority staff is recommending several amendments to the 2012 Bylaws to take into account these new appointments and to make other clarifying changes to them; and WHEREAS, attached as Exhibit “A” and incorporated by reference are the bylaws staff is recommending be adopted by the Board (the “2018 Bylaws”) as a restatement and amendment of the 2012 Bylaws; and WHEREAS, the Board finds and determines that restating and amending the 2012 Bylaws by the adoption of the 2018 Bylaws is in the best interest of the Authority and necessary for the Board’s proper and efficient administration of the Authority’s operations, urban renewal plans and proceedings. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY as follows: Section 1. The Board hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. The Board hereby approves and adopts the 2018 Bylaws as a restatement and amendment of the 2012 Bylaws. The 2018 Bylaws, as here adopted, are intended to supersede and replace in all respects the 2006 and 2012 Bylaws. Packet Pg. 42 -2- Passed and adopted at a regular meeting of the Board of Commissioners of the City of Fort Collins Urban Renewal Authority this 9th day of July, A.D. 2018. _________________________________ Chairperson ATTEST: _____________________________ Secretary Packet Pg. 43 1 BYLAWS OF THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY ARTICLE I – THE AUTHORITY Section 1. Name of Authority. The name of this urban renewal authority shall be the “Fort Collins Urban Renewal Authority” as established in 1982 by the City of Fort Collins City Council in Resolution 82-10. The Fort Collins Urban Renewal Authority shall be referred to in these Bylaws as the “Authority” or “URA.” Section 2. Office of the Authority. The office of the Authority shall be located at 300 LaPorte Avenue, Fort Collins, Colorado, or at such other place in the City of Fort Collins, Colorado as the Board of Commissioners of the Authority may direct. Section 3. Authority to Enact Bylaws. The Authority is authorized pursuant to C.R.S. § 31-25-105(1)(a) to make and adopt bylaws, orders, rules and regulations in furtherance of its powers and authority under the Colorado Urban Renewal Law, C.R.S. §§ 31-25-101, et seq. (the “Urban Renewal Law”). ARTICLE II – MEMBERSHIP AND OFFICERS Section 1. Board of Commissioners. In accordance with C.R.S. § 31-25- 115, C.R.S. § 31-25-104(2.5) and City Code Section 2-482, the Authority’s Board of Commissioners is comprised of eleven (11) commissioners who are the seven (7) members of the City Council and four (4) other commissioners appointed as required by the Urban Renewal Law, which appointees are a commissioner appointed by the Larimer County Board of Commissioners, a commissioner appointed by the Poudre School District, a commissioner appointed by agreement of the special districts imposing a mill levy within the Authority’s boundaries, and a commissioner appointed by the Mayor and confirmed by the City Council (the “Board”). Section 2. Officers. The officers of the Authority shall be a Chairperson, Vice Chairperson, Executive Director, and Secretary. Section 3. Chairperson. The Chairperson of the Authority shall be the Mayor of the City of Fort Collins. The Chairperson shall preside at all meetings of the Board. Except as otherwise authorized by resolution of the Board, the Chairperson shall sign all contracts, deeds, and other instruments made by the Board. Section 4. Vice Chairperson. The Vice Chairperson shall be a commissioner on the Board elected by a majority of the Board. The Vice Chairperson shall serve a term contemporaneous with term of the office for the Mayor of the City of Fort Collins. Except for 1 Packet Pg. 44 Attachment: Exhibit A (6952 : URA Bylaws RESO) 2 the first election of a Vice Chairperson under these Bylaws, which shall occur no later than the Authority’s first meeting after these Bylaws are approved by the Board, the Board shall elect a Vice Chairperson at its first meeting after a newly elected Mayor has taken his or her oath of office. The Vice Chairperson shall perform the duties of the Chairperson in the temporary absence or disability of the Chairperson. In the event of the Mayor’s resignation, death or disqualification from office, the Vice Chairperson shall perform the Chairperson’s duties until such time as a new Mayor is elected and sworn into office. Section 5. Temporary Chairperson. In the absence of both the Chairperson and Vice Chairperson, the Board may appoint a temporary chairperson to preside at any meeting of the Board. Section 6. Executive Director. The Fort Collins City Manager, or his or her designee, shall serve as the Executive Director of the Authority. Section 7. Secretary. The Fort Collins City Clerk shall serve as the Secretary of the Authority. The Secretary shall keep the records of the Authority; record all votes at formal meetings of the Board; keep a record of the proceedings of the Authority in a journal of proceedings to be kept for such purpose; and keep the seal of the Authority and have power to affix such seal to all contracts and documents authorized to be executed by the Authority. In the City Clerk’s temporary absence or disability, the Fort Collins Chief Deputy City Clerk shall perform all the duties of the Secretary. Section 8. Additional Duties. The officers of the Authority shall perform such other duties and functions as may from time to time be required by the Board. ARTICLE III –CONDUCT OF BOARD BUSINESS Section 1. Formal Meetings and Work Sessions. Formal meetings of the Board shall be those meetings where formal action may occur. No formal action shall be taken at work sessions of the Board. Meetings and work sessions may be held at such time and place as may from time to time be determined by the Chairperson, except as otherwise directed by a majority of the members of the Board. Full and timely notice of all formal Board meetings and work sessions, and of all committee meetings, shall be given in accordance with Colorado’s Open Meetings Law, C.R.S. §§ 24-6-401, et seq. (the “Open Meetings Law”). Section 2. Committees. The Board may by resolution, from time to time, create either standing or ad hoc committees as deemed appropriate for special study or review and appoint all standing or ad hoc committee members. Each committee shall, at its first meeting, elect its own chairperson. Upon completion of the duties of any ad hoc committee, the committee shall be deemed to be automatically disbanded. The Board may by resolution also disband any standing or ad hoc committees. Section 3. Executive Sessions. Executive sessions of the Board or its committees may be called during any formal meeting of the Board or of the committee as permitted by the Open Meetings Law. 1 Packet Pg. 45 Attachment: Exhibit A (6952 : URA Bylaws RESO) 3 Section 4. Quorum. A majority of the Board shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. When a quorum is in attendance, action can be taken by the Board upon the affirmative vote of a majority of the quorum present unless a different requirement for voting is specified by applicable law or these Bylaws. Section 5. Board Meetings. Meetings of the Board shall be conducted in accordance with such meeting schedules, procedures and rules of order as the Board may adopt, in its discretion. Section 6. Manner of Voting. The voting on all motions and resolutions before the Board shall be by roll call vote. The yes votes, no votes and abstentions shall be entered in the minutes of each meeting. Every member of the Board, when present, must vote unless excused from voting on matters involving the consideration of his or her own official conduct or when his or her personal financial interest is involved. Section 7. Keeping of Minutes. Minutes shall be kept of all formal meetings of the Board and all meetings of committees of the Board at which the adoption of any proposed policy, position, resolution, rule, regulation or formal action occurs or could occur. Minutes need not be kept of work sessions of the Board. Section 8. Removal. The presiding officer shall have the power to cause persons to be removed from a Board meeting or a committee meeting, in order to maintain order and public safety during the meeting. ARTICLE IV – CONFLICTS OF INTEREST The Board and its commissioners shall be governed by the rules of ethical conduct in the Urban Renewal Law, other applicable state law and the City Charter and Code as provided in City Code Section 2-484, except Section 2-484 exempts the county, school district and special district appointed commissioners from the rules of ethical conduct in the City Charter and Code. ARTICLE V – AMENDMENTS These Bylaws may be amended from time to time by an affirmative vote of a majority of the membership of the Board at any formal meeting of the Board. APPROVED AND ADOPTED BY THE BOARD AT ITS __________, 2018 MEETING: ________________________________ Wade Troxell, Chairperson 1 Packet Pg. 46 Attachment: Exhibit A (6952 : URA Bylaws RESO) 4 ATTEST APPROVED AS TO FORM: By: By: Secretary URA Attorney 1 Packet Pg. 47 Attachment: Exhibit A (6952 : URA Bylaws RESO) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY July 9, 2018 Urban Renewal Authority Board STAFF Patrick Rowe, Redevelopment Coordinator John Duval, Legal SUBJECT Resolution No. 087 Commissioning and Appropriating Funds for an Existing Conditions Study of an Area West of the Drake and College Intersection and Directing Authority Staff to Prepare a Proposed Urban Renewal Plan for this Area. EXECUTIVE SUMMARY The purpose of this item is to authorize staff to prepare an urban renewal existing conditions study in the vicinity of Drake Road and College Avenue. An existing conditions study is the first step to form a new urban renewal plan area. Provided the study finds the required conditions of blight, as stipulated by state law, staff will develop a new Urban Renewal Plan (URP) document for adoption by the Fort Collins City Council. This item also appropriates $69,310 to pay for services necessary to undertake the Existing Conditions Study, draft an URP document, and perform other services associated with a new URP. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Drake Road and College Avenue is a prominent location within Midtown Fort Collins. Despite this prominence, the area suffers from vacancy, underutilization, and underinvestment, particularly when measured against community expectations and aspirations for the area as specified by City Plan (the City’s comprehensive plan), the Midtown Plan (a subarea plan for the Midtown area), and the Midtown in Motion Plan (Midtown transportation plan). (Note: These and other plans are available at <https://www.fcgov.com/planning/documents>). In 2009, in recognition of some of some of the redevelopment and reinvestment challenges that the Midtown corridor was facing, the Fort Collins City Council directed its staff to undertake the Midtown Redevelopment Study. A number of recommendations came out of that study, including recommendations around community design and planning efforts, and importantly, a recommendation to form a new URP for the Midtown area. In 2011, the Midtown Plan Area was formed. The Midtown Plan Area spanned a distance either side of College Avenue from Prospect Road to south of Harmony Road. The plan area was significant in size, though tax increment financing (TIF) had only been activate in two smaller areas (Prospect South TIF District and the Foothills Mall TIF District). The plan included the area of Drake Road and College Avenue, however, in 2015, to guard against unintended consequences from state legislation that became effective in 2016, the plan area was significantly reduced in size down to the area of the two existing TIF districts (Prospect South and Foothills Mall). Many of the conditions that were found in 2011 in this area remain, as does the opportunity to utilize the URA to leverage reinvestment and development outcomes that are consistent with community goals and objectives 4 Packet Pg. 48 Agenda Item 4 Item # 4 Page 2 for the area. The new plan would allow the URA to utilize incremental taxes derived from within the plan to enable enhanced development outcomes, both public and private. Area priorities could include: enabling an enhanced mixed-use project; finance and construction of a public parking structure; and, enhanced public spaces and urban elements for the planned grocery store at the northwest corner of Drake Rd. and College Ave. The process to form a URP begins with authorization to undertake an existing conditions study, which evaluates the area for the existence of blight conditions, as defined by state statutes. The study area for this survey generally includes the northwest and southwest corners of Drake Rd. and College Ave., along with the adjacent road right-of-way (Attachment 1). Note: Undertaking a study of blight conditions does not commit the URA Board to future actions required for the formation or execution of a new plan area. Below is an overview of URA, City, and Planning and Zoning Board actions and the schedule for the formation of a new plan area: Today’s action URA – Authorize Existing Conditions Survey Today’s action URA – Authorize Staff to Engage with Tax Entities to Address Impacts August 24, 2018 URA – Staff Report: Existing Conditions Study and URP Framework September 14, 2018 Planning & Zoning – Work Session on Proposed URP September 18, 2018 City – Refer proposed URP to P&Z (and other actions) September 20, 2018 Planning & Zoning – Regular Meeting on Proposed URP October 12, 2018 URA – Approve IGAs Regarding TIF Allocation November 20, 2018 City – Public Hearing on New URP Urban Renewal Plan (URP) Formation Process Overview The formation of a new URP involves the following steps: 1. Existing Conditions Study. Evaluate area for the existence of statutory blight conditions. State statutes require at least four conditions of blight to form a new URP (only one condition is required if all the affected property owners consent to the URP). 2. Draft Urban Renewal Plan. Immediately following the existing conditions study, staff will develop a draft Urban Renewal Plan for the area. The plan will specify goals, objectives, and priorities for the URA within the proposed plan area. Historically, these planning documents have been more general in scope. Consistent with a targeted plan area boundary, Staff desires that the URP be specific and detailed in describing the plans and priorities for the URA. 3. Negotiate Tax Increment Allocation Agreement with Underlying Tax Entities. State statutes stipulate that the URA will engage with the underlying tax entities within the proposed URP to discuss and address service impacts resultant from new development and the allocation of incremental taxes. 4. URP Review - Planning and Zoning Board. The proposed URP will be submitted to the Fort Collins Planning and Zoning Board for its review and comment. Staff has planned both a work session and a regular meeting with the Planning and Zoning Board. (Note: Larimer County will also be provided an impact report, but in light of the negotiations that will occur in step 3, staff will request the County to waive this requirement). 5. Public Hearing and New Plan Area Consideration by City Council. The final step in the process to form a new plan area is a public hearing and City Council consideration of the matter. 4 Packet Pg. 49 Agenda Item 4 Item # 4 Page 3 Key Infill/Redevelopment Objectives from City Planning Documents Applicable to Area City Plan. Policy EH 4.1 - Prioritize Targeted Redevelopment Areas. Create and utilize strategies and plans, as described in the Community and Neighborhood Livability and Neighborhood chapter’s Infill and Redevelopment section, to support redevelopment areas and prevent areas from becoming blighted. The Targeted Infill and Redevelopment Areas (depicted on Figure LIV 1 in the Community and Neighborhood Livability chapter) shall be a priority for future development, capital investment, and public incentives. City Plan. Policy LIV 5.1 - Encourage Targeted Redevelopment and Infill. Encourage redevelopment and infill in Activity Centers and Targeted Infill and Redevelopment Areas identified on the Targeted Infill and Redevelopment Areas Map (See Figure LIV 1). The purpose of these areas is to: o Promote the revitalization of existing, underutilized commercial and industrial areas. o Concentrate higher density housing and mixed-use development in locations that are currently or will be served by high frequency transit in the future and that can support higher levels of activity. o Channel development where it will be beneficial and can best improve access to jobs, housing, and services with fewer and shorter auto trips. o Promote reinvestment in areas where infrastructure already exists. o Increase economic activity in the area to benefit existing residents and businesses and, where necessary, provide the stimulus to redevelop. City Plan. Policy LIV 5.2 - Target Public Investment along the Community Spine. Together, many of the Targeted Redevelopment Areas and Activity Centers form the “community spine” of the city along College Avenue and the Mason Corridor. The “community spine” shall be considered the highest priority area for public investment in streetscape and urban design improvements and other infrastructure upgrades to support infill and redevelopment and to promote the corridor’s transition to a series of transit-supportive, mixed-use activity centers over time. Established residential neighborhoods adjacent to College Avenue and the Mason Corridor will be served by improvements to the “community spine” over time, but are not intended to be targeted for infill or redevelopment. (Also see the Economic Health chapter’s principles and policies on infill and redevelopment). City Plan. Policy LIV 35.4 - Transform through Infill and Redevelopment. Support the transformation of existing, underutilized Community Commercial Districts through infill and redevelopment over time to more intense centers of activity that include a mixture of land uses and activities, an enhanced appearance, and access to all transportation modes. (Also see the Infill and Redevelopment section in this chapter.) Other Notable City Plan Concepts o Policy LIV 30.6 - Reduce Land Devoted to Surface Parking Lots. Support transit use and a more pedestrian-friendly environment, reduce land devoted to surface parking lots as infill and redevelopment occur. o Policy LIV 31.1 - Relationship of Commercial District Uses. Encourage and concentrate active uses and vertical mixed-use at key intersections. o Policy LIV 31.5 - Incorporate Public Spaces and Community Facilities. Incorporate mixture of type and scale public spaces, such as plazas, courtyards, urban pocket parks. o Provide Transit-Oriented Activity Centers - “Focal points and centers of activity”, with “higher intensities”, and a high-quality pedestrian and transit orientated environment. o Reduce Carbon Emissions - Through support of a “compact development pattern, an 4 Packet Pg. 50 Agenda Item 4 Item # 4 Page 4 interconnected transit system, multiple means of travel, [and] transit-oriented activity centers”. Midtown Plan Concepts o Improved Internal Circulation - Internal streets should be developed that provide access between properties at a slower, calmer pace that is inviting to business and residential users. o Incent New Investment - “Incentivize new investment and enact policies” for implementation that aligns with the Plan’s vision. o Vitality - Midtown will be a vital corridor with a mix of uses and activities. o Craft a parking strategy that supports increased densities. o Promote optimum use of the MAX Bus Rapid Transit system. Midtown in Motion Concepts o Improving safety for all modes of travel. o Providing bicycle circulation options. o Enhancing pedestrian circulation across College Avenue and to MAX BRT. o Ensuring mobility and accessibility for people of all ages and abilities. o Utilizing frontage and circulation roads to provide business access. o Creating beautiful, identifiable, and unique design. o Identifying funding and building partnerships. CITY FINANCIAL IMPACTS The URA has engaged with Economic and Planning Systems to undertake the Existing Conditions Study, draft an Urban Renewal Plan, perform Tax Increment Financing (TIF) Impact Analysis, and to perform other tasks associated with the formation of a new URP area. The estimate for these services shall not exceed $69,310. This item appropriates $69,310 dollars for these purposes. BOARD / COMMISSION RECOMMENDATION Both a work session and Board hearing have been scheduled with the Planning and Zoning Board in September. This will occur prior to the Public Hearing on formation of the proposed URP. PUBLIC OUTREACH The property owners within the Existing Conditions Study area have all been contacted regarding the potential of a new URP in this area. ATTACHMENTS 1. Study Area Boundary Map (PDF) 2. Powerpoint presentation (PPTX) 4 Packet Pg. 51 W Drake Rd S College Ave E Drake Rd W Drake Rd S College Ave S College Ave W Drake Rd S College Ave URA URP - Drake Study / College Area Printed: June 27, 2018 0 0.02 0.04 0.06 0.08Miles 1:2,869 Scale © Path: H:\GIS Stuff\2018-06, URP Study Area.mxd ATTACHMENT 1 4.1 Packet Pg. 52 Attachment: Study Area Boundary Map (6946 : URA-Existing Conditions Survey) 7/9/2018 Patrick Rowe, Redevelopment Coordinator URA Action: Existing Conditions Survey Authorization 4.2 Packet Pg. 53 Attachment: Powerpoint presentation (6946 : URA-Existing Conditions Survey) Action – Existing Conditions Authorization Implement Public Hearing on Creation of New Plan Area Plan Review & Address TIF Impacts Plan Development Existing Conditions Survey Today’s Action 4.2 Packet Pg. 54 Attachment: Powerpoint presentation (6946 : URA-Existing Conditions Survey) 3 Proposed Study / Plan Area MAX King Soopers Spradley Barr 4.2 Packet Pg. 55 Attachment: Powerpoint presentation (6946 : URA-Existing Conditions Survey) 4 Existing Conditions 4.2 Packet Pg. 56 Attachment: Powerpoint presentation (6946 : URA-Existing Conditions Survey) 5 Existing Conditions 4.2 Packet Pg. 57 Attachment: Powerpoint presentation (6946 : URA-Existing Conditions Survey) 6 Existing Conditions 4.2 Packet Pg. 58 Attachment: Powerpoint presentation (6946 : URA-Existing Conditions Survey) 7 Existing Conditions 4.2 Packet Pg. 59 Attachment: Powerpoint presentation (6946 : URA-Existing Conditions Survey) Background / Context 2009 Midtown Redevelopment Study 2011 Midtown URA Plan Area Formed 2013 Midtown (Subarea) Plan 2014 Midtown in Motion 2015 Midtown Plan Area Reduced 2016 Kmart Closes 8 4.2 Packet Pg. 60 Attachment: Powerpoint presentation (6946 : URA-Existing Conditions Survey) New Urban Renewal Plan Area 9 Purpose: • Mixed-use / transit oriented development (enhance/enable) • Urban enhancements (enhance) • Public Parking Structure • Intersection Improvements / Enhancements Outcome: Revitalization 4.2 Packet Pg. 61 Attachment: Powerpoint presentation (6946 : URA-Existing Conditions Survey) Next Steps 10 Today's Action URA - Authorize Existing Conditions Survey Today's Action URA - Authorize Staff to Discuss Impacts and TIF allocation August 24, 2018 Staff Report: Existing Conditions Survey and URP Framework September 14, 2018 Planning and Zoning - Work Session on Proposed URP September 18, 2018 City - Refer proposed URP to P&Z (and other actions) September 20, 2018 Planning and Zoning - Regular Meeting on Proposed URP October 12, 2018 URA - Approve IGAs regarding TIF allocation November 20, 2018 City - Public Hearing on new URP 4.2 Packet Pg. 62 Attachment: Powerpoint presentation (6946 : URA-Existing Conditions Survey) URA Actions 11 • Authorize Staff to undertake an Existing Conditions Survey • Direct Staff to draft an Urban Renewal Plan • Appropriate $69,310 for third party services 4.2 Packet Pg. 63 Attachment: Powerpoint presentation (6946 : URA-Existing Conditions Survey) 12 4.2 Packet Pg. 64 Attachment: Powerpoint presentation (6946 : URA-Existing Conditions Survey) -1- RESOLUTION NO. 087 OF THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY COMMISSIONING AND APPROPRIATING FUNDS FOR AN EXISTING CONDITIONS STUDY OF AN AREA WEST OF THE DRAKE AND COLLEGE INTERSECTION AND DIRECTING AUTHORITY STAFF TO PREPARE A PROPOSED URBAN RENEWAL PLAN FOR THIS AREA WHEREAS, the Fort Collins Urban Renewal Authority (the “Authority”) was established in 1982 by the City Council of the City of Fort Collins (the “Council”) in Resolution 82-10 under and in accordance with the Colorado Urban Renewal Law, Colorado Revised Statutes (“C.R.S.”) § 31-25-101, et seq. (the “Urban Renewal Law”); and WHEREAS, the Authority’s Board of Commissioners (the “Board”) is authorized in C.R.S. § 31-25-107(1)(b) of the Urban Renewal Law to commission an existing conditions study of any area within the Authority’s boundaries to determine if the area is a “blighted area,” as this term is defined in the Urban Renewal Law, (the “Study”) and to propose an urban renewal plan for the area (the “the URA Plan”) which can be implemented for the area, provided the Council first finds, after conducting an evidentiary public hearing, that the Study and other evidence presented at the hearing establish that the area is a blighted area that is appropriate for an urban renewal project to eliminate and prevent the identified blight (“URA Project”) and the Council approves the proposed URA Plan describing the URA Project; and WHEREAS, an area encompassing the northwest and southwest corners of the Drake Road and College Avenue intersection, along with adjacent public right-of-way, has been identified by Authority staff as an area within the Authority’s boundaries that is likely a blighted area appropriate for a Study, which area is depicted in the map attached as Exhibit “A” and incorporated by reference (the “Study Area”); and WHEREAS, based on the preliminary information presented to the Board in connection with its consideration of this Resolution, it appears that the Study Area is likely a blighted area appropriate for a Study and for Authority staff to prepare a proposed URA Plan for the Study Area describing a URA Project for the elimination and prevention of the blight identified in the Study, which URA Plan should include, without limitation, a proposal for offering tax increment financing as a tool to fund public improvements in and around the Study Area to stimulate and leverage private development in the Area; and WHEREAS, it is in the best interest of the residents and businesses within the Study Area, the City and the Authority that that the Study Area become more economically viable and, in order for this to occur, a comprehensive approach to revitalization may be necessary through the implementation of a URA Project under a URA Plan approved by Council and the first step to accomplish this is for this Board to commission the Study, to appropriate the funds for the Study and to direct Authority staff to proceed with the preparation of a proposed URA Plan to eliminate and prevent the blight identified in the Study; and WHEREAS, Authority staff estimates that total costs for the Study, for the preparation of the URA Plan and for other related activities required by the Urban Renewal Law before the Packet Pg. 65 -2- Council can hold its evidentiary hearing to determine if blight exists in the Study Area and to approve the URA Plan if it determines blight exists, will be $69,310; and WHEREAS, the commissioning of the Study, the preparation of a proposed URA Plan and the performance of other related activities required by the Urban Renewal Law before the Authority can implement a URA Project for the Study Area are all necessary for the public’s health, safety and welfare. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY as follows: Section 1. The Board hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. The Board hereby commissions a Study of the Study Area pursuant to C.R.S. § 31-25-107(1)(b) of the Urban Renewal Law. Within thirty (30) days of the Board’s commissioning of this Study, Authority staff is directed to send by regular mail to every fee title owner of real property in the Study Area, addressed to each owner’s last-known address of record, a notice stating that the Authority is commencing a study necessary under the Urban Renewal Law for making a determination as to whether the Study Area is a blighted area. Section 3. The Board further directs Authority staff to prepare a URA Plan for the Study Area to address the elimination and prevention of the blight identified in the Study and to take all other actions as are necessary and required by the Urban Renewal Law before the Study and the proposed URA Plan can be considered by Council in an evidentiary public hearing as contemplated in C.R.S. Section 31-25-107. Section 4. There is hereby appropriated for expenditure from the Authority’s unappropriated and unencumbered reserves the sum of sixty-nine thousand three hundred and ten dollars ($69,310) to be expended for the commissioned Study, for the preparation of a proposed URA Plan and to fund the other activities required by the Urban Renewal Law before the Council can consider the Study and the URA Plan as contemplated in C.R.S. Section 31-25-107. Passed and adopted at a regular meeting of the Board of Commissioners of the City of Fort Collins Urban Renewal Authority this 9th day of July, A.D. 2018. _________________________________ Chairperson ATTEST: _____________________________ Secretary Packet Pg. 66 Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY July 9, 2018 Urban Renewal Authority Board STAFF Josh Birks, Economic Health Director Patrick Rowe, Redevelopment Coordinator John Duval, Legal SUBJECT Resolution No. 088 Directing the Executive Director to Notify the Larimer County Board of Commissioners and the Governing Boards of all Other Affected Taxing Entities of the Authority's Intent Under the Urban Renewal Law to Begin Negotiations for the Allocation of Incremental Property Tax Revenues Under a New Urban Renewal Plan Proposed for an Area West of the Drake Road and College Avenue Intersection. EXECUTIVE SUMMARY The purpose of this item is to authorize the Executive Director of the Fort Collins Urban Renewal Authority (URA) and designated staff to enter negotiations with taxing entities which may be impacted by a proposed new urban renewal plan area. These negotiations are required by changes in 2015 to the Urban Renewal Law. Any negotiated changes to the flow of tax increment in the proposed plan area will be codified through intergovernmental agreements between the URA and the taxing entities. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION In 2015, the Colorado Legislature adopted HB15-1348 (the “URA Reform Bill”) effective on January 1, 2016. The URA Reform Bill, and subsequent additional changes in 2016, changed the underlying Colorado Urban Renewal Law, C.R.S. § 31-25-101, et seq. (the “URA Law”) in several ways, mostly notably: • Tax Entity Representation - Required the expansion of the Authority Board (the “Board”) to include one representative each from the County, School Districts, and Special Districts overlapping an Urban Renewal Authority boundary, and, if necessary to maintain an odd number of representatives, the Mayor is to appoint a new commissioner. • Tax Increment Allocation - The revised statute requires that any formation of a new urban renewal authority, creation of a new urban renewal plan, or amendment or modification of an existing urban renewal plan after January 1, 2016, notifies the underlying taxing entities and negotiates an agreement “governing the sharing of incremental property tax revenue allocated to the special fund of the authority” [Section 2 - 9.5 (a)]. The same section requires that “the authority shall notify the board of county commissioners of each county and the governing boards of each other taxing entity whose incremental property tax revenues would be allocated under such proposed plan.” The newly reconstituted Board, including members from Poudre School District, the Library District, Larimer County, and the Mayor’s appointment, addresses the first significant change-Tax Entity Representation. The second significant change is triggered when a new plan area or major modification of an existing urban renewal plan is being considered by City Council and the Board. 5 Packet Pg. 67 Agenda Item 5 Item # 5 Page 2 Proposed New Plan Area The Board has indicated by adoption of Resolution No.087 that it will begin evaluating the Drake and College area (the Proposed Plan Area), (Attachment 1), for conditions consistent with the URA Law necessary to determine the area is blighted and eligible for inclusion in an Urban Renewal Plan Area (the Proposed Plan). The Proposed Plan Area is anticipated to include two major redevelopment activities: (1) the Spradley Barr Redevelopment to include a mixture of uses, such as residential, retail, and hotel; and (2) the King Soopers Redevelopment to include a King Soopers Marketplace, supporting retail, and potentially a public parking structure. Additional details on both projects will be included in the Proposed Plan when presented to City Council after the findings of the existing conditions study. Summary of Resolution The action before the Board authorizes the Executive Director of the Authority to provide notice as required by the URA Law to the County and other taxing entity whose incremental property tax revenues would be allocated under the Proposed Plan. In addition, the Resolution authorizes the Executive Director and/or his designated staff to begin negotiations to reach agreement with each entity regarding the “sharing of incremental property tax revenue allocated to the special fund of the Authority” by the Proposed Plan. Any negotiated sharing of increment will be codified in one or more Intergovernmental Agreements (IGAs) with the entities. These IGAs are subject to approval by the Board before they can be effective. The Resolution does not ratify or approve any outcome of the negotiations it authorizes. County and Tax Entities IGA The City of Fort Collins, Larimer County, and other potentially impact tax entities (e.g., Poudre River Public Library District, Northern Larimer County Health District, etc.) have been drafting an Intergovernmental Agreement (County TIF IGA) to describe a process for undertaking the negotiations required by the URA Reform Bill and subsequent changes. However, the County TIF IGA is not final or approved by the drafting entities. Therefore, the Resolution begins the negotiation process according to the terms and process outlined in the URA Law. If, after the approval of the Resolution, the parties to the County TIF IGA finalize the document and it is approved by the necessary entities, staff will proceed with negotiations according to those terms. In the meantime, staff will attempt to follow the spirit of the County TIF IGA as it currently stands, including: (1) requesting the formation of a Plan Area Review Committee; (2) use of the County Fiscal Impact Model (FIM); and (3) consideration of the Tax Increment Financing criteria and qualitative analysis contemplated in the County TIF IGA. URA FINANCIAL IMPACTS Actual financial impacts are unknown. The negotiation authorized by the Resolution will shape the available incremental property tax revenue available to support the Proposed Plan. The IGAs presented to the Board for adoption will include specifics. At that time, additional information on the impact to URA Financials will be presented to the Board. ATTACHMENTS 1. Existing Conditions Study Area (PDF) 2. Powerpoint presentation (PDF) 5 Packet Pg. 68 W Drake Rd S College Ave E Drake Rd W Drake Rd S College Ave S College Ave W Drake Rd S College Ave URA URP - Drake Study / College Area Printed: June 27, 2018 0 0.02 0.04 0.06 0.08Miles 1:2,869 Scale © Path: H:\GIS Stuff\2018-06, URP Study Area.mxd ATTACHMENT 1 5.1 Packet Pg. 69 Attachment: Existing Conditions Study Area (6906 : URA-Authorization to Negotiate with Tax Entities) 1 Authorization to Negotiate Josh Birks and Patrick Rowe 07-09-18 ATTACHMENT 2 5.2 Packet Pg. 70 Attachment: Powerpoint presentation (6906 : URA-Authorization to Negotiate with Tax Entities) Action Requested Requirement: § HB15-1348 § Agree on sharing of incremental property tax revenue allocated by proposed plan Action: § Authorize notice to taxing entities § Authorize negotiation with taxing entities § Executive Director or designated staff 2 Outcome: IGA(s) to present to Board for Adoption 5.2 Packet Pg. 71 Attachment: Powerpoint presentation (6906 : URA-Authorization to Negotiate with Tax Entities) Proposed Plan Area Two Potential Projects § King Soopers § Marketplace § Public Parking § Spradley Barr § Hotel § Residential § Retail 3 5.2 Packet Pg. 72 Attachment: Powerpoint presentation (6906 : URA-Authorization to Negotiate with Tax Entities) County TIF IGA Project Review Committee County & Special District Staff Representatives Review Assumptions Recommendations to Taxing Entities Fiscal Impact Model Evaluate Impact on Taxing Entities Guidance on Sharing Agreement Criteria & Qualitative Analysis Spillover Benefit Community Objectives Economic Impact 4 5.2 Packet Pg. 73 Attachment: Powerpoint presentation (6906 : URA-Authorization to Negotiate with Tax Entities) Recommendation § Staff recommends adoption of the resolution. 5 5.2 Packet Pg. 74 Attachment: Powerpoint presentation (6906 : URA-Authorization to Negotiate with Tax Entities) -1- RESOLUTION NO. 088 OF THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY DIRECTING THE EXECUTIVE DIRECTOR TO NOTIFY THE LARIMER COUNTY BOARD OF COMMISSIONERS AND THE GOVERNING BOARDS OF ALL OTHER AFFECTED TAXING ENTITIES OF THE AUTHORITY’S INTENT UNDER THE URBAN RENEWAL LAW TO BEGIN NEGOTIATIONS FOR THE ALLOCATION OF INCREMENTAL PROPERTY TAX REVENUES UNDER A NEW URBAN RENEWAL PLAN PROPOSED FOR AN AREA WEST OF THE DRAKE ROAD AND COLLEGE AVENUE INTERSECTION WHEREAS, the Fort Collins Urban Renewal Authority (the “Authority”) was established in 1982 by the City Council of the City of Fort Collins (the “Council”) in Resolution 82-10 under and in accordance with the Colorado Urban Renewal Law, Colorado Revised Statutes (“C.R.S.”) § 31-25-101, et seq. (the “Urban Renewal Law”); and WHEREAS, as authorized in C.R.S. § 31-25-107(1)(b) of the Urban Renewal Law, the Board of Commissioners of the Authority (the “Board”) has adopted Resolution No. ??? to commission an existing conditions study of an area encompassing the northwest and southwest corners of the Drake Road and College Avenue intersection, along with adjacent public right-of- way, (the “Study”) which area is depicted in the map attached as Exhibit “A” and incorporated by reference (the “Study Area”); and WHEREAS, the Board has also directed Authority staff to prepare a proposed urban renewal plan for the Study Area (“URA Plan”) in preparation for the Council’s consideration of the Study and the URA Plan at a public evidentiary hearing as contemplated in C.R.S. § 31-25- 107 and that the URA Plan describe an urban renewal project for the elimination and prevention of the blight identified in the Study that includes a proposal for offering tax increment financing using the incremental property tax revenues from other taxing entities levying a tax in the Study Area as a tool to fund public improvements in and around the Study Area to stimulate and leverage private development in the Area; and WHEREAS, C.R.S. § 31-25-107(9.5)(a) requires that before the Council can consider the URA Plan proposing such use of incremental property tax revenues, the Authority must notify the Larimer County Board of Commissioners and the governing boards of the other taxing entities that their incremental property tax revenues are being proposed for use under the URA Plan and the Authority’s representatives are to begin negotiations with the representatives of the governing boards of these taxing entities in an attempt to reach agreement on the sharing of those incremental property tax revenues; and WHEREAS, this Resolution is intended to be the Authority’s notice required by § 31-25- 107(9.5)(a) and direction to the Authority’s Executive Director to provide this notice to the governing boards of all affected taxing entities and to begin the negotiations with these boards’ representatives as contemplated in § 31-25-107(9.5)(a) to reach agreement on how the incremental property tax revenues generated under the URA Plan will be shared. Packet Pg. 75 -2- NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY as follows: Section 1. The Board hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. The Board hereby directs the Authority’s Executive Director to provide this Resolution to the governing boards of all affected taxing entities as the Authority’s notice under C.R.S. § 31-25-107(9.5)(a) of the URA Plan and its provisions to use the incremental property tax revenues of the taxing entities. The Executive Director is also directed to begin the negotiations with the representatives of these boards as contemplated in § 31-25-107(9.5)(a) to reach agreement on how the incremental property tax revenues generated under the URA Plan will be shared. Passed and adopted at a regular meeting of the Board of Commissioners of the City of Fort Collins Urban Renewal Authority this 9th day of July, A.D. 2018. _________________________________ Chairperson ATTEST: _____________________________ Secretary Packet Pg. 76 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY July 9, 2018 Urban Renewal Authority Board STAFF Patrick Rowe, Redevelopment Coordinator John Duval, Legal SUBJECT Discussion Item and Direction Concerning Possible Appointment of New Members to the Board's Finance Committee. EXECUTIVE SUMMARY The purpose of this item is to discuss whether the Board wishes to appoint new members to the Fort Collins Urban Renewal Authority (URA) Finance Committee. The current members on the Committee are Chairperson Troxell and Commissioners Cunniff and Summers. BACKGROUND / DISCUSSION In 2015, House Bill 1348 was signed into law. Among other changes, the bill requires the URA Board to be expanded in advance of a new urban renewal plan area, or substantial modification to an existing plan area. The expanded Board includes an appointed representative from the county, the school district, a representative from among the special districts, and if necessary to create an odd number of Board members, a mayoral appointment. The expanded Board has now been identified and includes the following additional members: County Representative - Commissioner Steve Johnson School District Representative - Commissioner Christophe Febvre Special Districts’ Representative - Commissioner Joe Wise Mayoral Appointment - Commissioner Andy Smith To modify URA practices to account for the additional URA board members, the Board may want to consider appointing new members to the URA Finance Committee. The existing Committee is comprised of the same members as are now appointed to the City Council Finance Committee. This is a three-member committee that meets on a monthly, as needed, basis immediately following the Council Finance Committee Meeting. The URA Finance Committee reviews projects and other financial matters prior to taking an item to the full Board. ATTACHMENTS 1. Powerpoint presentation (PDF) 6 Packet Pg. 77 7/9/2018 Patrick Rowe, Redevelopment Coordinator URA Discussion: URA Finance Committee ATTACHMENT 1 6.1 Packet Pg. 78 Attachment: Powerpoint presentation (6949 : URA-Finance Commitee Additional Appointment) Background / Action 2 • URA Finance Committee: Considers financial matters of the URA and makes recommendations to full URA Board. • Existing Committee: Chair Wade Troxell, Commissioner Cunniff, and Commissioner Ken Summers. • Discussion: URA Finance Committee. 6.1 Packet Pg. 79 Attachment: Powerpoint presentation (6949 : URA-Finance Commitee Additional Appointment)